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American Horse Council Shifts National Issues Forum To Virtual Format For 2020

After much deliberation, and in consultation with AHC members regarding their travel concerns due to the pandemic, AHC's Annual Meeting & National Issues Forum originally scheduled for June 7-10, 2020 and postponed to October 2020, has now made the decision to forego an in person meeting and will instead be hosted in an online virtual format the week of October 26-29, 2020.

The AHC is known for convening the equine industry's visionaries and leaders in an intimate three days of informative and innovative discussion on some of the most relevant challenges and initiatives facing the industry. Attendees get to participate in discussions that help shape the industry and optimize existing and emerging legislative and regulatory issues.

AHC President Julie Broadway stated: “While disappointed we won't be able to network and socialize, we are excited about the possibilities a virtual event allows us to embrace. We envision opening attendance to some speakers to anyone interested for free, while some educational content will be offered at a deeply discounted rate. We'd also like to have a virtual cocktail party and celebrate our Van Ness, Rolapp and Hickey Award winners.”

Registration will open on or around August 1, 2020 on the AHC website for the virtual conference www.horsecouncil.org. Guest speakers and specifics regarding meeting dates/times to be announced very shortly.

AHC will hold its 2021 meeting June 6-9 at The Le Meridien in downtown Denver, CO.

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Wanamaker’s Releases June Online Catalog; Headlined By Debut Winner Swaggy George

The catalog for Wanamaker's inaugural online auction can now be viewed on wanamakers.com. The June 25 sale contains both broodmares and racehorses and is headlined by Swaggy George, a 2-year-old colt by Not This Time who won impressively on debut at Gulfstream Park along with Ritzy Lass, a stakes-placed, maiden mare in foal to Midshipman.

Prospective buyers may browse the catalog to view pictures and videos and schedule in-person inspections with sellers. Racehorse entries also contain DRF past performances, Ragozin Sheets, and race replays. Buyers must register for an account to be able to bid.

Live bidding will open at 8 a.m. ET on June 25 and the first listing will close at 5 p.m. ET with subsequent listings ending in three-minute increments. Detailed buying information can be found at wanamakers.com/buy.

“We are thrilled to release our first ever catalog and think it is a great introduction to our platform and the advantages Wanamaker's provides both buyers and sellers. We encourage any prospective buyers or sellers to reach out at any time with questions.” said Co-founder Liza Hendriks.

Learn more at wanamakers.com.

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Appeals Court Hears Oral Arguments In Maximum Security Disqualification Case

The United States Appeals Court for the Sixth District heard oral arguments Tuesday from attorneys in the civil lawsuit over the disqualification of Maximum Security from the 2019 Kentucky Derby. Attorneys for owners Gary and Mary West and the Kentucky Horse Racing Commission and its stewards presented their cases during a telephonic hearing.

The Wests were appealing a ruling from United States District Judge Karen Caldwell in November dismissing their case on the basis that stewards' disqualifications are not subject to judicial review.

Attorneys for both sides touched on two different Kentucky laws in their arguments, and disagreed about whether the stewards' decisions met the state definition of a “final order.” Final orders handed down by state agencies may be reversed in whole or in part in court under certain conditions.

Jennifer Wolsing, representing the commission, referred to Kentucky regulations that specifically forbid appeals of stewards' decisions. Without those regulations, she pointed out, every losing owner could tie up race results in court for months.

“Importantly, the Wests previously agreed to Kentucky's rules,” said Wolsing. “As a condition of licensing and for the privilege of participating in horse racing, the Wests agreed to abide by the commission's regulations, including the provision that the stewards' determinations are final. This rule is here for a reason. The rule otherwise would turn the most exciting two minutes in sports into two years of protracted litigation.”

Final orders, Wolsing argued, are the outcome of an administrative hearing, which per Kentucky law are formal proceedings conducted by a state agency head where it's expected impacted parties will be represented by counsel. Stewards' deliberations, as in the Maximum Security case, do not fit the bill because the stewards are not agency heads and their deliberations are not formal and open to the public. They also do not hear arguments from all affected parties (like owners) through attorneys.

Ronald Riccio, attorney for the Wests, believes that state statute which guides the process of administrative hearings and defines “final orders” should supersede the commission's regulations stating stewards' decisions are not subject to appeal. Riccio argued, among other points, that the stewards' decision was a “final order” and the decision-making process they went through was an administrative hearing during which they collected and reviewed evidence – albeit, he questioned how they did so. Because it was a hearing conducted by state agency employees, Riccio claims the decision should be subject to reversal by a judge.

“The fact that the stewards did what they did in only 22 minutes, and did it as we allege, in derogation of the substantive decision-making criteria that was supposed to be applied, and rendered an opinion which was terribly inconsistent in terms of their oral opinion saying one thing and their written opinion saying another thing — that doesn't mean that the proceeding was not an administrative proceeding subject to the 'final order' of KRS13.150,” said Riccio.

Both attorneys agreed there was relatively little existing case law in Kentucky that addressed this question, outside of one case from 2013 in which an owner/trainer appealed a stewards' disqualification based on careless riding. In that case, a Kentucky appeals court ruled that stewards' decisions were not subject to judicial review.

Judges did not provide a projected timeframe for issuing their ruling.

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Ellis Park’s Aug. 9 Audubon Oaks Added To Churchill’s Road To The Kentucky Oaks

Ellis Park not only has the $200,000 Ellis Park Derby as a qualifying race for the rescheduled Sept. 5 Kentucky Derby, the track's $100,000 Audubon Oaks is now a stop on the Road to the Kentucky Oaks. Both stakes races are Sunday Aug. 9.

Ellis Park's 98th annual meet will run from July 2 through August 30.

This year's Ellis Park Derby winner will receive 50 points, virtually ensuring a spot in the 20-horse Kentucky Derby under Churchill Downs' tiered system of qualifying races. Also earning points from the 1 1/8-mile race will be the runner-up (20), third place (10) and fourth (5). The seven-furlong Audubon Oaks, back on the Ellis Park stakes schedule after an 11-year hiatus, will offer a total of 17 points (10-4-2-1) for the top four finishers toward making the Sept. 4 Kentucky Oaks' 14-filly field.

“We cannot thank Churchill Downs enough for including the Audubon Oaks as one of its additions to the Kentucky Oaks points races,” said Ellis Park general manager Jeff Inman. “This is a huge and obviously historic opportunity for Ellis Park to have official prep races for the Derby and Oaks. We decided to bring the Audubon Oaks back off the shelf this year and being on the Kentucky Oaks schedule is a great way to welcome it back.

“We assume we will get horses trying to secure a spot in the Derby or Oaks, in addition we think our stakes are also positioned perfectly for horses who already have qualified but could benefit from a tune-up four weeks out. Trainers can stay put in Kentucky from now through the Derby and beyond, with the Breeders' Cup being at Keeneland this year. We're an easy ship from Churchill Downs, Keeneland and the state's training centers. With one of the best racing surfaces in the country, Ellis Park offers a convenient way to get in that final prep without the stress of significant travel.”

The Ellis Park Derby falls four weeks after Keeneland's Toyota Blue Grass and 4 1/2 weeks after Indiana Grand's Indiana Derby. The Audubon Oaks offers similar spacing from Keeneland's Ashland Stakes and Beaumont, as well as the Indiana Oaks.

Ellis Park has a tie to the past two winners of the Kentucky Oaks, with 2019 winner Serengeti Empress taking the 2018 Ellis Park Debutante and 2018 heroine Monomoy Girl training all summer at Ellis before launching her 2-year-old career.

The Ellis Park Derby could be a stepping stone to the Kentucky Derby for Lloyd Madison Farms' Major Fed, whose next start will be either the Blue Grass or the Indiana Derby, said trainer Greg Foley, who added that the Audubon Oaks could be a good fit for his filly Sconsin, a recent Churchill Downs allowance winner at 19-1 odds.

“I think it will be great for Ellis Park,” said the Louisville-based Foley. “Those people down there, they love that racing. It's sure coming in handy for them, the weird year we having. There will be people showing up for those points, and it's a great, safe racetrack. Those will probably come up pretty tough races.”

Brad Cox, a two-time leading trainer at Ellis Park, is among those welcoming the additions. Cox said that Godolphin Racing's Shared Sense, who finished second in a second-level allowance race June 13, and Rupp Racing's recently gelded Shake Some Action could be candidates for the Ellis Park Derby. Flurry Racing Stables' Shedaresthedevil, an impressive Churchill Downs allowance winner on June 5, could be a possibility for the Audubon Oaks, he said.

“It's good money,” Cox said of the Ellis Park Derby. “It's an opportunity they're giving us, and I'm hoping to have something for it.”

Owner Chester Thomas of Madisonville also hopes to participate in the Ellis Park Derby at what he considers his hometown track. One possibility could be the Bret Calhoun-trained Mr. Big News, winner of the April 11 Oaklawn Stakes at 46-1 odds in his last start.

“As someone who has been going to Ellis Park my entire life, I'm unbelievably excited about the track having a Kentucky Derby prep — although I'm hoping these are once-in-a-lifetime circumstances and we never have to deal with a coronavirus again,” said Thomas, a two-time Ellis Park leading owner. “But it's a great opportunity to have Derby contenders coming to Ellis Park, and hopefully we can have something in the Ellis Park Derby starting gate and, even better, in the winner's circle.”

Ellis Park 2020 stakes

July 5 — $50,000 Ellis Park Turf Stakes, fillies & mares 3 years old & up, 1 1/16 miles (turf).
July 26 — $50,000 Good Lord Stakes, 3-year-olds & up, 6 1/2 furlongs.
Aug. 2 (all on turf) — $100,000* Kentucky Downs Preview Ladies Sprint, fillies & mares 3 years old & up, 5 1/2 furlongs; $100,000* Kentucky Downs Preview Turf Cup, 3-year-olds & up, 1 1/4 miles; $100,000* Kentucky Downs Preview Ladies Turf, fillies & mares 3 years old &up, mile); $100,000* Kentucky Downs Preview Turf Sprint, 3-year-olds & up, 5 1/2 furlongs; $100,000* Kentucky Downs Preview Tourist Mile, 3-year-olds & up, mile.
Aug. 9 — $200,000* Ellis Park Derby, 3-year-olds; 1 1/8 miles; $100,000* Audubon Oaks, 3-year-old fillies, 7 furlongs; $100,000* Ellis Park Juvenile, 2-year-olds, 7 furlongs; $100,000* Ellis Park Debutante, 7 furlongs.
*-includes $25,000 from the Kentucky Thoroughbred Development Fund

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